Guidance

Turkmenistan bereavement information pack

Updated 28 November 2023

Disclaimer

This information is provided by the British Government for the convenience of enquirers, but neither His Majesty’s Government nor any official of the British Embassy take any responsibility for the accuracy of the information, nor accept liability for any loss, costs, damage or expense which you might suffer as a result of relying on the information supplied. It is not a substitute for obtaining your own legal advice.

Consular guidance and local information

The death of a relative or a friend is always a distressing experience. When the death occurs overseas, family and friends can feel additional anxiety if they are unfamiliar with local procedures. You may be uncertain about what to do next or who to contact for advice. Consular Directorate of the Foreign, Commonwealth & Development Office and the British Embassy in Turkmenistan are ready to help and provide guidance where they can.

You can find out what practical support British Embassy staff can offer in the event of an accidental death, death in hospital, murder or manslaughter abroad and what you will need to do in two of our publications, ‘death overseas’ and ‘guide for bereaved families’.

While care has been taken in compiling this document, the contents are not meant to be a definitive statement of the law, nor should they be taken as a substitute for independent legal advice.

We understand that you might find the use of terms such as “body”, “remains” and “deceased” upsetting when they refer to someone close to you, but please be assured that we are simply trying to make this guidance as clear as possible, and mean no disrespect to the person you have lost.

Next of kin

When someone dies in Turkmenistan and the next of kin is in the UK or abroad, the Turkmen authorities usually notify the British Embassy in Ashgabat. The Embassy will do whatever they can to trace the next of kin as soon as possible and will ask the UK police to pass on the news. Alternatively, you might also be notified about the death directly by someone else, for example a doctor, a social worker or a police officer.

“Next of kin” is defined as a “close relative” in Turkmenistan. A close relative for this purpose is:

• a spouse
• an adult child (including an adopted child)
• a parent (including an adoptive parent)
• an adult sibling (over 18 years old)
• a grandparent

In Turkmenistan an unmarried partner is not regarded as next of kin.

As male homosexuality is illegal in Turkmenistan and female same-sex relationships are not covered in Turkmen law, homosexual relationships are also not recognised in law. Therefore, homosexual spouses and/or civil partners are not recognised as next of kin. We can issue a document to people who find themselves in this situation which states that the UK will normally view same sex spouse or civil partner as next of kin, but we cannot guarantee that the Turkmen authorities will agree.

Appointing a funeral director

A relative or a formally appointed representative of the deceased must instruct a local funeral director in Turkmenistan or an international funeral director in the UK for a body to be repatriated to the UK or buried in Turkmenistan. If the deceased was insured, their next of kin should contact the insurance company as soon as possible to establish whether they will cover the repatriation expenses and make the necessary arrangements.

You may need the insurance policy number and the associated 24hr medical emergency contact number to do this. If the insurance company confirm that there is a current policy in effect they will appoint a funeral director both locally and in the UK. You should not appoint your own funeral director or allow yourself to be pressurised by local funeral agencies to do this.

If there is no insurance cover, unfortunately the cost of repatriation or burial will need to be met by the family. Neither the Foreign, Commonwealth and Development Office nor the Embassy in Turkmenistan have funds to meet these costs. See Annex A for a list of international funeral directors in the UK and the major Turkmen funeral directors associations.

The Family Code of Turkmenistan states that a death certificate cannot be issued before the deceased is identified.

The Turkmenistan Code of Criminal Procedure states that any dead body must initially be inspected at the scene of its discovery by a criminal investigator, in the presence of official witnesses. A medical specialist must also be present. All statements of identification at this first inspection are recorded as part of the criminal investigation, and the witnesses may later be questioned. This does not exclude the possibility of further identification of the deceased by others.

Also see the section in this guide on repatriation to the UK.

Mortuary facilities

Cold storage facilities are available only in a limited number of medical institutions in Ashgabat.

Registration of death

The Turkmen authorities will issue a death certificate in Turkmen (the national language). This is likely to take few days. Turkmen death certificates record the cause of death. They are given to family members or close relatives of the deceased, or, in their absence, to other relatives or legal representatives, as well as to the law-enforcement authorities.

British passport cancellation

In order to avoid identity fraud, the deceased’s passport should be sent to His Majesty’s Passport Office in the UK or to the British Embassy in Turkmenistan, together with the death certificate and a completed Deceased Person Notification form (form D01). The next of kin can ask for the passport to be returned after cancellation. If the passport has been lost or mislaid relatives should contact either the Embassy or the Passport Office to report the loss.

Repatriation to the UK

If the deceased was covered by travel insurance the insurance company will usually have a standing agreement with an international funeral director in the UK to arrange repatriation. If the deceased was not covered by insurance you will need to appoint a local undertaker in Turkmenistan or an international funeral director in the UK.

We are not aware of any legal obstacles to the burial of foreign nationals in Turkmenistan, but there are no cremation facilities.

Please note that in the case of a sudden death, when a UK Coroner might request an autopsy in the UK, embalming may affect some of the autopsy results.

Local burial

If a person dies other than in a medical institution, the emergency medical services and the police need to be informed. Ceremonies can be arranged in accordance with Muslim or Christian rites. The choice of burial place is limited to cemeteries which are currently open for new burials.

Autopsy / post-mortem

Autopsies are not allowed without the consent of a spouse or next of kin, or, in their absence, the consent of other relatives or a legal representative in possession of the deceased’s will, except where:

• there is suspicion of violent death or inability to determine the cause of death
• the deceased has received in-patient treatment in a medical institution in the last 24 hours
• there is suspicion of an overdose or adverse reaction to drugs, vaccines or serums, blood or blood components
• there is suspicion of lethal medical malpractice
• there is a pathogenic disease
• there is oncology without histological verification of cancer
• there is disease caused by ecological catastrophe
• there is pregnancy, childbirth, or death in the postpartum period after-childbirth

The Law does not specify to whom an autopsy report can be disclosed. Reports may be challenged in court by a relative of the deceased, or, in absence of this, by the deceased’s legal representative.

In some cases it may be necessary to have a further autopsy in the UK, even though one has been carried out in Turkmenistan. When repatriation is to England or Wales, it is possible that the Coroner will wish to hold an inquest.

UK coroners

The Coroner in England and Wales is obliged by law to hold an inquest into the cause of any unnatural or violent death of a person whose remains lie in his or her area, even if the death occurred overseas and a post-mortem has already been carried out, before repatriation of the remains to the UK.

Coroners may order a second post mortem (that is, after a first post mortem has been carried out abroad) as part of the inquest. It is at this stage that families are sometimes made aware that organs have been removed and not replaced. Coroners can request copies of post-mortem and police reports from the Turkmen authorities via the Foreign, Commonwealth and Development Office. However, these will only be provided once any judicial proceedings are completed. In some instances this can take many months. UK Coroners may compel witnesses to give evidence from England and Wales, but not from abroad.

In Scotland, the Crown Office and Procurator Fiscal Service (COPFS) deals with the investigation of all sudden, suspicious, accidental, unexpected and unexplained deaths which occur in Scotland. However, the COPFS does not have the jurisdiction to investigate deaths that occur outside Scotland, apart from in a few limited circumstances. These include terrorism, cases where the death may have been caused in Scotland, but the person died outside Scotland and cases where the death was a result of murder or culpable homicide, caused by another British citizen or subject.

Coroners in Northern Ireland are not obliged to hold an inquest into the cause of death, but the next of kin can apply for a judicial review, if no inquest is held. There will be no Coroner’s inquest when the remains are buried or cremated abroad. Further information about the role of UK Coroners is available in the FCDO “Guide for Bereaved Families”.

Inquests

Procedures established in Turkmen law requires a criminal case to be opened when there is evidence that a crime has been committed. They will take whatever legal action is required by law to establish the facts, identify perpetrators and facilitate the enforcement of the law.

Police or judicial inquiries: deaths in suspicious circumstances

Preliminary or pre-trial investigation is possible after a criminal case has been initiated. Crimes may be subject to investigation by the prosecutor’s office, police or national security agencies. Once a criminal case is open, the investigator conducts a preliminary investigation. The time frame for this is two months, but may be extended. The preliminary investigation ends with either criminal charges, an application for compulsory medical treatment or the termination of criminal proceedings.

If someone is believed to have been killed as a result of a crime, they will be treated legally as a victim. The Turkmenistan Code of Criminal Procedure assigns a number of rights to victims, which are passed to close relatives of the deceased. These rights include the right to see the findings of the preliminary investigation once it has been completed.

Donation of bodies to medical science

According to the Healthcare Law, a person can voluntarily donate his or her body, organs or tissues (except for corneas) to medical institutions to be used for medical purposes, or to national educational institutions to be used for educational purposes. Such donations need to be formally notarised.

Legal aid / assistance

The Law of Turkmenistan on “legal profession and practice” specifies that legal aid can be provided free of charge:

• in the form of oral advice and/or the drafting of documents to secure compensation for financial loss caused by the death of the sole earner of a family, occupational injuries or other industry-related damage to health

• in the form of oral advice, in cases not related to private business activities, to people categorised as veterans, army conscripts, disabled persons (groups I and II), pensioners or orphaned children

Some people on low incomes may be absolved from charges for legal aid by decision of the Advocate Board, investigating authorities, prosecutor, judge or court, in respect of the cases within their jurisdiction

Compensation

There is no government compensation scheme applicable to British nationals in cases of murder, manslaughter, or terrorism.

Only foreign nationals who reside permanently in Turkmenistan can enjoy the rights of pension insurance and social protection established for citizens of Turkmenistan.

Additional support

There are a number of organisations in the UK that can help bereaved families and friends come to terms with their loss, regardless of how the death occurred.

Where the death was a result of murder or manslaughter, the Embassy can, if you wish, put you in touch with the Victim Support National Homicide Service, who will allocate a named caseworker to give you free and confidential help.

Charities such as Support After Murder and Manslaughter (SAMM Abroad) can help you face the problems and difficulties that arise from a death overseas under suspicious circumstances.

We also have a leaflet called ‘Victims of crime abroad’, which you may find helpful.

Annex A

List of international funeral directors the major Turkmen funeral directors associations can be found here:

• international funeral directors in the UK

• list of funeral directors in Turkmenistan